DECISION

Fair Work Act 2009
s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)-Victorian Branch
(AG2016/6867)

GRAND SEAL CONCRETE PRE CAST SOLUTIONS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Grand Seal Concrete Pre Case Solutions and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GRAND SEAL CONCRETE PRE CAST SOLUTIONS and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)-Victorian Branch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) - Victorian Branch has applied for approval of an enterprise agreement with Grand Seal Concrete Pre-Case Solutions and AMWU Metal Engineering On-Site Construction Agreement 2014. The application was heard by the Fair Work Commission (FWC) which has the authority to approve enterprise agreements that comply with the Fair Work Act 2009 (Cth). The primary issue before the Commission was whether the agreement met the requirements of section 231 of the Act. Specifically, the FWC needed to determine if the agreement was made in good faith, contained appropriate dispute resolution provisions, and provided for the protection of employees' rights and entitlements.

The AMWU argued that the agreement was made in good faith, as it was negotiated in a fair and transparent manner, with both parties having the opportunity to engage in meaningful discussions and reach a consensus. The union further submitted that the agreement contained appropriate dispute resolution provisions, including a mechanism for addressing any future disputes that may arise between the parties. The employer, Grand Seal Concrete Pre-Case Solutions, did not contest the good faith nature of the agreement but raised concerns about the scope of the agreement and whether it provided adequate protection for employees' rights and entitlements.

After considering the submissions and evidence presented by both parties, the FWC found that the agreement was made in good faith and contained appropriate dispute resolution provisions. The Commission was satisfied that the agreement provided for the protection of employees' rights and entitlements and did not disadvantage employees in relation to their employers. Consequently, the FWC approved the agreement, which will now be binding on the parties and their employees. The approval of the agreement ensures that the employees of Grand Seal Concrete Pre-Case Solutions and AMWU Metal Engineering On-Site Construction will be covered by the terms and conditions of the agreement, providing them with a fair and equitable workplace.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)-Victorian Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established